02/05/2017
Now that Brexit has been triggered what will happen to UK Environment Law? The law has been based on the EU directives – which is turn were based on the UK’s example of how to implement environment law. Although the law hasn’t been enacted in the same way throughout the UK the laws have mainly the same basis - that of the European directives and the requirement to follow the same path.
Level Playing Field
Some have been critical of the European process – but it did mean that it provided a level playing field for those which were operating within the EU. How will Brexit effect this?
The process of disentangling the environment legislation without the backing of a Directive is going to be challenging. Will this be seen as an opportunity to review and improve environmental legislation and bring in one set of legislation and enforcement throughout the UK, or will it be what some fear - that there are many parties with strong commercial interests who will see article 50 as an opportunity to deregulate with economic interests taking centre stage?
Recent Fines For Environmental Issues
Although small, when compared to those levied against some of the same companies for financial issues, are seen still as disproportionate, and so pressure to change the law in favour of business will be a significant pressure.
Environmental Law is a Complex System
Environmental law is a complex system which has a process of governance and enforcement that crosses country borders and does not stand alone within any one EU country. The environmental law also relates to laws about internal market, agriculture and fisheries policies which also have some influence on expenditure.
Defra are currently undertaking a mapping exercise which is looking at where UK environmental law has come from, how it has come from EU law, and how effective it is. This will show the areas where there are gaps not just in legislation and enforcement – but also between the different areas of the UK.
Risks And Opportunities
Trying to sort the UK’s environment policy out in the light of Brexit carries many risks as well as opportunities. The Great Repeal Bill will make EU laws part of the UK legal system and then convert existing EU law into domestic law wherever practical, however, the extensive nature of environmental legislation will not make this easy – and time will tell whether a coherent environment policy for the UK can emerge from this – lets hope that this is an opportunity which is taken and provides strength to the UK environmental processes and enforcement.
Let Us Guide You
Dr Louise Smail lectures and runs courses and workshops for both the public and the private sector, and has acted as an expert witness in a number of instances. In 2016 Bloomsbury published Waste regulation Law written and edited by Louise. Waste Regulation is a complex area of law and regulation for which Louise provides help and advice to many clients.
- Editor and author of Waste regulation Law – Bloomsbury – published 2016
To purchase Waste Regulation Law, Second Edition as a paperback or ebook please visit: http://www.bloomsburyprofessional.com/uk/search?Q=waste+regulation+law&Gid=1&Iid=1 When purchasing please enter BPWASTE20 discount code and receive a 20% discount.
Alternatively you can access this title through Bloomsbury Law Online as part of the Environmental Law module. Please visit http://www.bloomsburyprofessionalonline.com/view/waste_regulation/waste_regulation.xml or contact bloomsburylawonline@bloomsbury.com to request a free trial.
To contact Dr Louise Smail call 01614457872 or email her at smail@fsw-law.com.
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